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| HC directs state to avoid temporary, adhoc appointments against post of Dy MS | | |
Early Times Report
JAMMU, Oct 24: Justice Sanjeev Kumar of J&K High Court directed State to do away with the practice of making temporary / adhoc or contractual appointments against the posts of Deputy Medical Superintendents and instead fill up the same by way of deputation of Chief Medical Officers/Medical Superintendents or equivalent from the Department of Health as provided in the existing Recruitment Rules.
This significant judgment has been passed in a petition filed by Dr Jameel Ahmad Mir pertaining to the qualification of experience provided in the Jammu and Kashmir Medical Education (Gazetted) Service Recruitment Rules, 1979 ( hereafter referred to as 'the Rules of 1979') for the post of Deputy Medical Superintendent. Vide Letter No. ME/GM-193/961 dated 21.06.2005 read with Letter No. ME/Legal/43/2005 dated 07.09.2005 and 26.09.2005, the respondent No.1 referred 8 posts of Deputy Medical Superintendents to the Jammu and Kashmir Public Service Commission for making selection.
Justice Sanjeev Kumar after hearing both the sides observed that the post of Deputy Medical Superintendent is a post to be filled up by direct recruitment and persons, who are not in government service, are also entitled to be considered for the post provided they possess the requisite eligibility. They can always rely upon the experience of running a hospital, if any, gained by them in running the administration of a private hospital. The doctors serving in the Department of Health, who are serving as Chief Medical Officers in the District and Medical Superintendent in the District hospitals may also claim to have acquired the said experience. It would thus be travesty of justice if the only candidates, who have somehow remained associated with some aspects of administration of Medical College Hospital alone, are considered for the post, that too, on the basis of certificates issued either by the Head of the Department concerned or the Principal of the Government Medical College, with which the teaching Hospital is associated. The term 'working experience of running a hospital' is required to be given meaningful interpretation. The Medical Superintendent or a Deputy Medical Superintendent in a teaching hospital runs the administration in all its aspects. Maintaining roster of paramedical staff, ensuring sanitation of the hospital, providing requisite men and supplies to cater to the needs of the patients, acting as Drawing and Disbursing officer for payment of emoluments of the staff working in the hospital and looking after so many other aspects associated with the administration of a hospital.
Under these circumstances, if the Court holds all the candidates including the selected candidates, except respondent No 5, ineligible, not possessing the requisite experience, I have to quash the whole selection. But, at the same time this Court cannot loose sight of the fact that the selected candidates, after having been appointed, have been continuously working and have got further promotion to the post of Medical Superintendents in the teaching hospitals of the Health and Medical Education Department. Accordingly, the only way out, in these circumstances, is to grant the relief to the petitioners who have been litigating in this Court for the last more than 11 years.
Justice Sanjeev Kumar further ordered that the selection of Respondent Nos. 5 to 7 shall remain intact and is not interfered with and the petitioners shall also be entitled to be appointed as Deputy Medical Superintendents in the Health and Medical Education Department, with effect from the date respondent Nos. 5 to 7 have been appointed retrospectively with all consequential benefits minus the monetary benefits. However, the petitioners shall be entitled to the monitory benefits from the date of their actual appointment.
High Court further directed State to take note of the observations made herein above and to take immediate remedial measures to set right the rule prescribing qualification for the post of Deputy Medical Superintendents so that un-necessary litigation on the subject is avoided and the posts of Deputy Medical Superintendents are filled up in time.
HC further directed that State to do away with the practice of making temporary / adhoc or contractual appointments against the posts of Deputy Medical Superintendents and instead fill up the same by way of deputation of Chief Medical Officers/Medical Superintendents or equivalent from the Department of Health as provided in the existing Recruitment Rules. (JNF) |
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